ISLAMABAD, June 17: The federal government’s recent action of putting the Higher Education Commission (HEC) under the control of a ministry is seen as illegal and violating a Supreme Court order.

Sources in the HEC recalled to Dawn that the notification issued by the government on June 11, saying the Ministry of Professional and Technical Training will henceforth control the administration and finances of the HEC, follows the controversy over the verification of academic degrees of the politicians by the HEC and puts it under the direct control of bureaucracy.

HEC was formed by Gen Pervez Musharraf in 2002 but changes in its legal status became inevitable after devolution transferred several federal subjects, including education, to the provinces in 2010.

In April last year, the Supreme Court ruled that “HEC has to continue its functions and duties as it had been doing in the past unless and until a fresh legislation is promulgated.”

Supreme Court gave the decision over the issue of devolution of HEC as federal government wanted to devolve the commission through a notification but the stake holders contested it in the court.

On the other hand, HEC officials and management of the universities is not happy with the decision to put HEC under control of the ministry and had termed the move illegal, sources said.

An officer of HEC requesting not to be named said that HEC was formed through an Ordinance in 2002 which was validated under Article 270 AA of the Constitution. Further it was also validated through 17th Amendment Act, 2003 according to which a commission appointed by the Prime Minister of Pakistan was the only body legally empowered to exercise financial and administrative control over it.

“The operation of the commission should continue as before and controlling authority of the HEC is the Prime Minister of Pakistan and decision to put it under a ministry cannot be done without legislation,” he said.

Legal Expert Riasat Ali Azad while talking to Dawn seconded the opinion and said that a bill approved by the parliament could only be changed through another bill by the same forum and any attempt to change it through notification was illegal.

According to sources, the Vice Chancellors (VCs) from public sector universities in a meeting held in the second week of June also expressed serious reservations over any decision affecting the autonomy of HEC as they considered it would have direct effect on the performance of the organisation besides creating many bureaucratic hurdles.

Chairperson Vice Chancellors’ Committee, Imtiaz Gilani talking to Dawn said that without autonomy creativity and research of the universities would be hampered. In past schools and colleges had been working under the ministries but unfortunately they did not progress as much as they should have.

Vice Chancellor Karakoram University, Dr Najma Najam told Dawn that in 2002 National Task Force visited all over the country and in the end it was decided that universities cannot progress and compete at international level without autonomy.

“Universities developed a lot on research front till 2010 but there will be no further progress if they are put under bureaucracy. There should be check on the universities but they should be allowed to take decisions independently,” she said.

An officer of the HEC said that all members of the HEC Commission, a body that controls its financial-cum-administrative issues, are eminent academics and experts in their respective fields. All decisions are taken by the commission after extensive discussions and input from all stakeholders, including Vice Chancellors of universities in all provinces.

Spokesperson for the HEC Murtaza Noor said they had been hoping against hope that all controversies regarding the commission’s autonomy would end on a positive note and future of students would not be put at stake.

Chairman Standing Committee of Senate on Professional and Technical Training, Abdul Nabi Bangash while talking to Dawn said, “Education has been made a rolling stone between different departments and provinces. In 2002, no one was ready to handle the affairs of the HEC so it was directly given under the PM’s control.

I have called a meeting of the standing committee to discuss all outstanding issues including the future of the commission.”